CRL.A.885/2018

Page 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 28^th July, 2022

Pronounced on: 19^th September, 2022

CRL. A. 885/2018

ASHOK GUPTA

….. Appellant

Represented by:

Mr.Pramod Kumar Dubey, Sr.

Advocate (DHCLSC) with

Ms.Manika Tripathy (DHCLSC),

Mr.Shubham Hasija,

Mr.Kaustubh Chouhan and

Mr.Deep Narayan Sarkar,

Advocates.

versus

STATE

….Respondent

Represented by:

Ms.Shubhi Gupta, APP for the

State with Inspector Varun Dalal,

P.S.Jahangirpuri.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1.

This appeal has been filed by the appellant assailing the judgment

and order dated 29^th May, 2018 convicting the appellant for the offence

punishable under Section 302 IPC and order on sentence dated 02^nd

June, 2018 sentencing the appellant for life imprisonment and fine of

Rs.10,000/- (simple imprisonment for six months in default of payment

of fine) for the offence under Section 302 IPC.

The Incident:

2.

On 29^th August, 2011 dead bodies of two minor children were

found on the second floor of the House No.H-1/393, H-1 Block,

Jahangirpuri, Delhi where the appellant was staying as a tenant of the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003764

CRL.A.885/2018

Page 2 of 14

father of PW-1, the complainant. On the basis of DD No.23A, SI Brij

Bhushan (PW-20) and Constable Satbir (PW-6) reached the place of

incident and discovered that the two children had already been taken to

BJRM Hospital by their father where they were declared as brought

dead. Pursuant thereto, PW-1 Smt. Phool Kumari, mother of the two

children recorded her statement that when she returned home that day at

around noon and not being able to find her children, pursuant to a

frenetic search, she went upstairs and found the appellant tenant leaving

after locking his room. A bit later at around 2:00 p.m. PW-18, daughter

Anjali, peeped into the room of the appellant and noticed the feet of the

children beneath the cot. PW-5, the husband of PW-1, broke the lock

and discovered the bodies of the two children with marks on their neck.

On the basis of the statement and the MLC, FIR No.265/2011 was

registered at PS Jahangirpuri. Pursuant to an investigation and Section

82 Cr.P.C. notice against the absconding appellant, he was arrested from

Bihar on 19^th November, 2011 and after taking transit remand, brought

to Delhi. On conclusion of the investigation, charge-sheet was filed and

charges under Section 302 IPC were framed against the appellant to

which he pleaded not guilty and claimed trial. The prosecution

examined 21 witnesses, the statement of the accused was recorded under

Section 313 Cr.P.C. and no evidence was led in defence by the appellant.

Submissions by the Appellant:

3.

In support of the appeal, the counsel for the appellant contended

that there were various contradictions in the statements given by PW-5

(Raja Ram) and PW-18 (Anjali). As per the case of the prosecution, the

lock of the appellant’s room was opened after breaking it with the help

of a grinding stone “silbatta” but it was not seized by the police

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003764

CRL.A.885/2018

Page 3 of 14

officials. It was also contended that even though the broken lock was

seized from the spot on 29^th August, 2011, it was not shown in the

“naksha mokka” whereas later, it was shown in the scaled site plan.

Moreover, no chance prints were taken from the spot and no call

location charts, showing the presence of the appellant at that time in that

place, were exhibited. The appellant in his statement recorded under

Section 313 Cr.P.C. clearly stated that he was innocent and he was being

falsely implicated by PW-1, PW-5 and PW-18 over a dispute on rent and

that he was apprehended and arrested and kept in wrongful confinement

at his native village in Bihar by the